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Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
...., not Ext. 4 which is only a supporting evidence. The defendants have no burden to prove their alternative story with regard to the creation of Ext.4…………………(17) Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate with him) instructed by Md. ......on receipt of the balance consideration money after obtaining income-tax clearance certificate and on payment of capital gains tax, etc. Defendant No. 2 on behalf of defendant No. 1 also handed over a sheet of plain paper containing the Khatian and plot numbers of the suit land to enable the a...... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ..Category: Property Law | Date: | Hits: 50
Md. Mojibur Rahman Howlader & Others Vs. Afsar Ali Howlader, 2005, 34 CLC (AD)
....ffs asked the defendant Nos.1-4 to vacate the suit land but the defendants did not vacate and finally refused in ASHWIN, 1379 B.S. Hence the suit. 10. The defendant No.1's case, on the other hand, is that the superior landlords never auction the purchased land and landlord neve......laration of title to the suit land described in schedule "Ka", "Kha" & "G" to the plaint, confirmation of possession in the land of schedule "Ka" and recovery of Khas possession of the land in schedules "Kha" and 'Ga'. 2. The case of t......t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
....ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ......writ-petitioners from the respective shops, taken lease by the written agreement from the Mutawalli, treating them as trespassers in respect of the property of Mowlana Abdur Rashid Waqf Estate and to over possession of the property to the official Mutawalli of the Waqf Estate. 2. Facts, in short,...... 5. The High Court Division discharged the Rule upon observing since the Administrator of Waqfs being satisfied about the creation of disturbance/obstruction by the writ-petitioners in the peaceful management of the Waqf property made the order impugned in the writ petition asking the Deputy Commi..Category: Trust/Waqf Law | Date: | Hits: 228
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....anaged to get the suit land recorded in their names during the last S.A. Operation but the plaintiffs have been possessing the suit land as before. The case of the contesting defendants, on the other hand, is that Saku Sarder and Hossain Sarder took loan from Tayebuddin Biswas, the predecessor-in-in......lved upon his son and daughters and the interest of Hossain Sarder devolved upon his three sons and three daughters. The plaintiffs have been possessing the suit land as heirs of recorded tenants for over 12 years adversely against the defendants and against all others claiming title and possession ......n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 26
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....imed by the Bank is not disputed by the petitioner, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ......ization of dues of the Bank provided the conditions mentioned in the opening clauses of the respective Articles are satisfied. The management and administration of the industrial concern may be taken over and the property pledged/ mortgaged may be sold for realisation of the claims and dues of the B......different means have been provided for enforcement of claims and realization of dues of the Bank provided the conditions mentioned in the opening clauses of the respective Articles are satisfied. The management and administration of the industrial concern may be taken over and the property pledged/ ..Category: Banking Law | Date: | Hits: 117
Kamruzzaman Vs. State, 1990, 19 CLC (AD)
....Code. Learned Advocate, therefore, argues that provisions in the Code shall apply to the appellant's trial under the Act. 5. Mr. B. Hossain, learned Deputy Attorney General, contends, on the other hand, that as the proceedings against the appellant having been instituted under the Act, which is......nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ......nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ..Category: Criminal Law | Date: | Hits: 58
B. D. Habibullah Vs. Election Commission and others, 1989, 18 CLC (AD)
.... is not permissible. We have no quarrel with the principle laid down in the aforesaid decision but we would like to point out what Lord Somervell of Harrow has observed: "There are, on the other hand, many administrative duties which cannot be delegated. Appointment to an office or position i......ed order was the order that emanated from the Election Commission as such. In the result, this petition is, therefore, dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 218.......ed order was the order that emanated from the Election Commission as such. In the result, this petition is, therefore, dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 218...Category: Election Law | Date: | Hits: 146
Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)
....pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ......rs under Article 34 of the Bangladesh Shilpa Bank Order, 1972 (PO 129/72) stating that as on 13.9.87 the outstanding amount due to the Bank was Tk. 2,22,53,815 and that the Bank had decided to take over possession of the vessels and sell them on 5.12.87. The petitioners sent a reply to the said ......itioners, seeking leave to appeal from the impugned judgment, firstly, submitted that the High Court Division was wrong in not holding that under Art. 34(1) of the BSB Order, the taking over of the management and administration of the industrial concern is a pre-condition for selling the mortgag..Category: Banking Law | Date: | Hits: 94
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....ny fact or circumstance from, which it can be even remotely inferred that there was any reason whatever for which the appellant was likely to make an attempt on the life of the deceased. On the other hand, it appears that the appellant and the deceased were very friendly, they spent the day together......aration there should have been some evidence of motive although motive may not be proved in cases of direct evidence or as an ingredient of the offence. The failure of the prosecution is otherwise so overwhelming in this case that it is too much to ask for any such evidence of motive. The dying decl......he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ..Category: Criminal Law | Date: | Hits: 44
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....01.1998 as alleged and the Respondent No.1 did not attend such meeting and that no meeting of the Board of Directors was held on 20.01.1998 and that the respondent No.7, Zillur Rahman Chowdhury has handed over all the documents of the Company to the Managing Director of the Company on his resi...... as alleged and the Respondent No.1 did not attend such meeting and that no meeting of the Board of Directors was held on 20.01.1998 and that the respondent No.7, Zillur Rahman Chowdhury has handed over all the documents of the Company to the Managing Director of the Company on his resignation......n the basis of decision of ownership of the said 12,000 shares the prayer for allotment of shares in favour of the petitioner (Respondent herein) on the subsequent allotted shares made by the new management should be considered by the respondent Company in accordance with law. 3. Facts in ..Category: Business or Commercial Law | Date: | Hits: 109
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
....ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ......the P.W.1 went to India at the relevant time as he said he had no passport at that time. His contention is that he travelled India at the relevant time without passport which is not believable. Moreover, all the courts have held that the P.W.1 stated that he last saw Kallayani Debi in Bangladesh...... India before the Indo-Pak war of 1965 and were living there permanently and thus the suit property was correctly listed as enemy property (now vested property) and the same is under the management of the custodian. 5. The trial court dismissed the suit. Being aggrieved the plai..Category: Property Law | Date: | Hits: 59
Moulana Noor Mohammad Vs. Bangladesh Madrasha Education Board, 2006, 35 CLC (AD)
.... the Superintendent of the Madrasha had no locus standi even to file and maintain the writ petition. 8. Dr. A. K. M. Mohammad Ali, learned Advocate appearing for the petitioner on the other hand submits that the High Court Division Committed error in holding that the petitioner described ......was thus formed and after formation of the managing committee the Superintendent of the Madrasha vida letter dated 17.09.2002 as per Regulation 20 of the Bangladesh Madrasha Education Board (Governing Bodies and Managing Committees) Regulation 1979 informed about the constitution of the man...... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Constitutional Law | Date: | Hits: 139
Government of Bangladesh Vs. Jahangir Alam and ors., 2005, 34 CLC (AD)
....icultural Extension placing their services on deputation against sanctioned posts as contained in project pro-forma approved by the Government and the writ petitioners were appointed as supporting hands for implementation of the first phase of the strengthening plant Protection Services (SPPS) P......eme Court Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J M.A. Aziz J Amirul Kabir Chowdhury J Government of Bangladesh, represented by the Secretary, Ministry of Planning, Sher-E-Bangla Nag......ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..Category: Others | Date: | Hits: 87
Dr. Mohammad Sarwar Ramiz and others Vs. Dr. Shyam Sundar Kundu (FCPS) & ors, 2005, 34 CLC (AD)
....s (In Civil Petition No. 612 of 2005) Fida M. Kamal, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioners (In Civil Petition No. 737 0f 2005) Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by S. R. Khoshnabish, Advocate-on-Record-For......howdhury J Dr. Mohammad Sarwar Ramiz and others ......Petitioners (In Civil Petition No. 612 of 2005) Bangladesh represented by the Secretary, Ministry of Health and Family Welfare, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, Raman, Dhaka and others........ Writ Petition No.1735 of 2004 be stayed for 6 (six) months in Civil Petition for Leave to Appeal No.737 of 2005. The petitioners are also permitted to add additional grounds. Ed. ..Category: Employment/Service Law | Date: | Hits: 86
Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)
....ecree holder respondent Nos. 2-4 and that Executing Court then sent writ of delivery of possession of the suit property to the bailiff under Order 21, Rule 35 of the Code of Civil Procedure to hand over possession infavour of the decree holder respondent Nos. 2-4 on 29.11.2003. The......s of Title Execution Case No. 4 of 2000. 2. Respondent Nos. 2-4 as plaintiffs filed Title Suit No. 215 of 1996 before the 1st Court of Assistant Judge, Dhaka for declaration of title and recovery of possession of the suit property against respondent No.1 and proforma respondent Nos. ......such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Fulbaria Market Dokandar Malik Samity Vs. Khatigrastha Dokandar Kallyan Samity, 2005, 34 CLC (AD)
.... T.H. Khan, Senior Advocate (Abdul Quayum, Senior Advocate with him) instructed by Md. Nawab Ali, Advocate-on-Record- For Respondent Nos. 1 to 3 (In Civil Petition No. 392 of 2005) Khandaker Mahbubuddin Ahmed, Senior Advocate (MA. Baqui, Advocate with him) instructed by Serajur R......01 passed by the learned Senior Assistant Judge 4th Court, Dhaka in Title Suit No. 115 of 1998 allowing an application for mandatory injunction and directing the plaintiff petitioners to hand over possession of the suit land to the plaintiff respondent Nos.1 and 2. 2. Civil Petition ...... be deposited within one month. Preparation of paper book is dispensed with as prayed for. Status quo granted earlier be extended for further 6 (six) months from date. Ed. ..Category: Civil Law | Date: | Hits: 120
Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)
....d the gate way to enter into the arena of the suit and thus cannot be ''told off at the gate." 8. Mr. Ajmalul Hossain QC, learned Counsel appearing for the respondent No.1, on the other hand opposes the petition submitting, inter alia, that the present petitioner was not party in the ......t No. 1 instituted Writ Petition No. 2454 of 2004 challenging the order communicated under notification dated 20.04.2004 issued by the Secretary Ministry of Law Justice and Parliamentary Affairs, Government of Bangladesh (respondent No.3,) intimating that the President of the Republic has remove......4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Others | Date: | Hits: 97
Esquire Electronics Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)
....n in 50 DLR (AD) 40 appears to us to be not correctly decided due to the failure of the then Attorney-General to point out the distinction between 42 DLR (AD) 167 and 48 DLR (AD) 199 on the one hand and the case of Mustafizur Rahman on the other." 9. On the above, we find no ...... value declared by the petitioner. 3. That the case of the petitioner, in short, is that the petitioner in course of his business following the import policy of the Government and the Customs Act, 1969, imported 114 sets of General Brand Split type air-......r Rahman on the other." 9. On the above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. The petition is dismissed. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 126
Serajul Hoque (Md) Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....oined on 24-3-1978 while respondent No.4 joined on 21-3-1978. The respondent No. 4 on successful completion of his period of probation was absorbed permanently in service on 21-3-1979. On the other hand, the petitioner's probationary period was extended for a further period of six months, on com...... Syed JR Mudassir Husain CJ MM Ruhul Amin J A Kabir Chowdhury J Serajul Hoque (Md)...........................................................Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Shipping and others.......Re......ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 59
Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)
.... released from the vested property list. The Government subsequently evicted its lessees from the said land with the help of police under the supervision of a Magistrate, 1st Class on 23-4-1999 and handed over vacant possession of the land to Abdus Sobhan, representative of Mrs. Rozario. The res......them prior notice or chance of being heard. The further case is that the land of the writ petitioners was allotted to the appellant in CA No. 62 of 2004 (Wega Fashion Sweater Pvt Ltd) by altering Government's earlier decision. The further case is that one Mrs. Madlena D Rozario purchased the lan......session and dispossession being involved the writ petition is not maintainable. The CS Plot No.177 of Mouza Begunbari, PS Tejgaon, Dhaka is acquired land of the Government under the supervision and management of the respondent No.5 and the allegation of dispossession of the writ petitioners on 1..Category: Property Law | Date: | Hits: 37
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